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TRANSCONTINENTAL INSURANCE COMPANY v. Record No. 002894

RBMW, INC., t/a JORDAN POINT YACHT HAVEN, et al. OPINION BY JUSTICE DONALD W. LEMONS September 14, 2001 ROBINS INSURANCE AGENCY, INC., et al. v. Record No. 002532

TRANSCONTINENTAL INSURANCE COMPANY, et al. FROM THE CIRCUIT COURT OF PRINCE GEORGE COUNTY James A. Luke, Judge In this opinion we consider two appeals arising out of the same case in the trial court. In the first appeal, we

consider whether the trial court erred in ruling that an exclusion in a Piers, Wharfs, and Docks Coverage Form ("PWD") contained in an insurance policy issued by Transcontinental Insurance Company ("Transcontinental") to RBMW, Inc. ("RBMW"), t/a Jordan Point Yacht Haven ("Jordan Point") did not apply. In the second appeal, we consider whether the trial court erred in permitting RBMW to take a nonsuit of its cause of action against Robins Insurance Agency, Inc. ("Robins Insurance") and William Raleigh Robins ("Mr. Robins"). I. Facts and Proceedings Below

RBMW is a Virginia corporation which operates a marina known as Jordan Point on the James River near the Benjamin Harrison Bridge in Hopewell, Virginia. William Michael Winn

("Winn") is the president of RBMW and manages Jordan Point. On March 20, 1995, Robins Insurance, through its agent Mr. Robins, sold a commercial package policy to RBMW. The

policy included workers' compensation, automobile, property, general liability, and various other coverages, and was underwritten by Transcontinental. In addition, the policy RBMW purchased

offered the option of purchasing PWD coverage. PWD coverage at an annual cost of $4,231. The PWD policy provides in pertinent part: A. COVERAGE

We will pay for "loss" to Covered Property from any of the Covered Causes of Loss. 1. COVERED PROPERTY, as used in this Coverage Form means: a. Floating or fixed piers, wharfs and docks; . . . . 3. COVERED CAUSES OF LOSS Covered Causes of Loss means RISKS OF DIRECT PHYSICAL "LOSS" to Covered Property except those causes of "loss" listed in the exclusions. 4. a. ADDITIONAL COVERAGE

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Virginia Law